What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to seek restoration if the declaration under the Vivad Se Vishwas Scheme is not accepted.

The assessee filed an appeal for Assessment Year 2003-04. The assessee subsequently opted for the Direct Tax Vivad Se Vishwas Scheme, 2020 and filed the requisite declarations.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Mangla Capital Servics Pvt. Ltd vs I.T.O.3(2)(1) | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Respondent: Shri Tharian Oommen- Ld. Sr.DR

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year 2003-04 contests the order of learned first appellate authority passed on 31/12/2010 on certain grounds of appeal

. The assessment was framed by Ld. Assessing Officer u/s 143(3) 13/03/2006.

2. The Ld. Counsel for assessee, at the outset, submitted that the assessee has already opted for Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 and filed requisite declarations therein. The Ld. AR also submitted that the appeal may be dismissed as withdrawn but with a liberty to assessee to seek restoration in case the aforesaid declaration is not accepted. The Ld. DR did not object to the same.

3. In view of foregoing, the appeal stands dismissed as withdrawn with a liberty to assessee to seek restoration of this appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons. The appeal stands dismissed as withdrawn. 4.

Order pronounced on 13th January, 2021.

Sd/- Sd/- (Mahavir Singh) (Manoj Kumar Aggarwal) उपा�� / Vice President लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 13/01/2021 Sr.PS, Jaisy Varghese आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6.

MANGLA CAPITAL SERVICS PVT. LTD,MUMBAI vs. I.T.O.3(2)(1), MUMBAI

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